Barlow & Co. v. Dahm
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before Hon. W. H. Tavloe. Suit in Chancery by Barlow & Company against John Dahm and others for partition. Upon the submission of the cause the chancellor decreed that the complainants were not entitled to the relief prayed for, and ordered the bill dismissed.
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Appeal from the Chancery Court of Mobile. Heard before Hon. W. H. Tavloe. Suit in Chancery by Barlow & Company against John Dahm and others for partition. Upon the submission of the cause the chancellor decreed that the complainants were not entitled to the relief prayed for, and ordered the bill dismissed. The facts sufficiently appear in the opinion. contended that the rule laid down that a tenant is estopped to deny his landlord’s title is too broad, and that the true rule is “that a tenant is estopped to deny that at the time he accepted the lease his landlord had such title as authorized…
1Opinion of the CourtHaealson, J.
— The complainants filed this bill on the first day of October, 1890, against John Dahm, Timothy Meaher, James K. and Augustus Meaher, for the sale for partition, of certain real estate described in the bill, alleging that they owned an undivided third interest therein, and the defendants the other two thirds, as tenants in common, and that it could not be equitably divided in kind. Complainants claim to have derived title to their one-third undivided interest in said land, on the 17th day of May, 1890, by deed of conveyance from one Glennon and his wife.
The defendants answering the bill,…
2Cases cited4 opinions
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Houston v. FarrisSupreme Court of Alabama · 1882
- Norwood v. Kirby's Adm'rSupreme Court of Alabama · 1881
- Dahm v. Barlow & Co.Supreme Court of Alabama · 1890
3Cited by8 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Childress v. SmithSupreme Court of Alabama · 1933
- Shaw v. LacySupreme Court of Alabama · 1917
- Brydges v. Millionair Club, Inc.Washington Supreme Court · 1942
- Howard v. JonesSupreme Court of Alabama · 1898
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